Digital Commons Network^™

Tracking Client Outcomes: A Qualitative Assessment Of Civil Legal Aid's Use Of Outcomes Data, With Recommendations, David Udell, Amy Widman

Cardozo Journal of Equal Rights & Social Justice

In virtually all sectors of society, people are using data to improve what they do. Everyone, it seems, is interested in data, and is searching for best strategies to draw on its power. The stakes are high in the civil legal aid community, where strengthened advocacy can enable people to preserve their homes, their relationships with their children, their life savings, their physical and emotional well-being, and even their freedom.

Yet, in the civil legal aid community, awareness of the power of data is just beginning to take root. Traditionally, civil legal aid has been thinly funded, with little infrastructure …

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Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use Of This Powerful Investigative Tool, Alexandra Nieto

Cardozo Law Review

This Note supports the adoption of Familial DNA Search Policies. by states that have not yet taken a position on the issue. Part I of this Note provides background on the role of Familial Searches in criminal investigations. This includes a discussion on the nature of Familial Searches, why they are useful, and the current state of the law. Part I also considers the different guidelines and protections in existing Familial Search Policies, as well as states' policies regulating their DNA databases. Part II discusses the Fourth Amendment and equal protection concerns implicated by Familial Searches and how a court …

Week Of March 25, 2019 - March 29, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo ADR Competition Honor Society
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Cross-Border Practice Society
• Cardozo Data Law Initiative (CDLI)
• Cardozo Data Law Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Korean American Law Students Association (KALSA)
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Cardozo Law Revue
• Cardozo Moot Court Honor Society
• Cardozo Office of Alumni Affairs
• Cardozo Office of Student Services & Advising
• Cardozo Student Animal Legal Defense Fund …

The New York Commission On Prosecutorial Conduct, Benjamin N. Cardozo School Of Law

2018–2019 Flyers

No abstract provided.

The New York Commission On Prosecutorial Conduct: Background And Next Steps, Jacob Burns Center For Ethics In The Practice Of Law

2019 Event Invitations

No abstract provided.

Week Of February 25, 2019 - March 1, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo ADR Competition Honor Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Intellectual Property and Information Law Program
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Revue
• Cardozo Law Student Bar Association
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Interactive Entertainment Law Society
• Jacob Burns Center for Ethics in the Practice of Law
• Latin American …

Statement Of Betsy Ginsberg, Clinical Associate Professor Of Law & Director, Civil Rights Clinic, Benjamin N. Cardozo School Of Law U.S. Commission On Civil Rights Public Briefing: Women In Prison: Seeking Justice Behind Bars, Betsy Ginsberg

Testimony

Although men make up a significant majority of the country’s prison population, the United States has the highest rate of incarceration of women in the world.1 In recent years, women have been the fastest growing segment of our population in jails and prisons. The significant but insufficient decline we have seen with respect to the overall prison population eclipses or obscures the trend we have seen in the imprisonment of women. While the trends vary from state to state, the overall picture for women has been far worse than for men. In most states the women’s population has either grown, …

Rigor And Relationships: The Positive Case For Integration In Schools And Neighborhoods, Rachel D. Godsil

Cardozo Law Review

This Essay first explores the current conditions of schools and neighborhoods and the impediments to achieving successful integration in schools- implicit bias, racial anxiety, and stereotype threat. Second, the Essay then identifies the strategies that are being employed in some schools to overcome these impediments and create quality schools that educate all students in a just and effective manner. Finally, the Essay explains how integrated neighborhoods would be the most effective long-term solution to the stereotyping and biases that underlie racial injustices across the board.

A Review Of The Wrongful Convictions Reader: A Comprehensive Resource For Students, Faculty, And Practitioners, Stephanie Roberts Hartung

Cardozo Law Review de•novo

Professor Stephanie Roberts Hartung reviews The Wrongful Convictions Reader, a 2019 book by Russell D. Covey and Valena E. Beety.

Effective Assistance Of Counsel? An Empirical Study Of Defense Attorneys’ Decision-Making In False-Confession Cases, Sara C. Appleby, Hadley R. Mccartin

Cardozo Law Review de•novo

Although there is considerable literature on the causes of false confessions and the effects confession evidence has on juror decision-making, little research has examined attorneys’ decision-making in disputed confession cases. As the intervening step between when the confession is elicited and the case is resolved, it is crucial that research examine effects of confession evidence on this population. The current studies investigate defense attorneys’ knowledge and perception of key interrogation and confession issues as well as their decision-making in a disputed confession case. Overall, results show that defense attorneys are knowledgeable about key interrogation and confession issues and are aware …

Mediation/Collaborative Law: Exploring A New Combination In Alternative Dispute Resolution In Cases Of Divorce And Domestic Violence, Claudia Lanzetta

Cardozo Journal of Conflict Resolution

This paper takes the suggestion of collaborative law practice for divorcing couples with an element of domestic violence in their relationship a step further, and proposes a deeper collaboration: a new combination called Mediation/Collaborative Law, or "Med/ Collab." The discipline of Alternative Dispute Resolution and its practitioners are not unfamiliar with collaborations. Hybrid processes on the ADR continuum' 7 include Med/Arb and Arb/ Med. In the same spirit, Med/Collab presents the best aspects and benefits of each process, while addressing and overcoming the difficulties each process separately faces in dealing with domestic violence.

Part II of this paper will revisit …

Judicial Conflict Resolution In Plea Bargaining As The Golden Mean Between The Adversarial And Inquisitorial Legal Systems, Golan Luzon

Cardozo Journal of Conflict Resolution

This article seeks to develop a better understanding of plea bargaining as a mechanism of judicial conflict resolution in criminal law. Plea bargaining plays a significant role in both the adversarial and inquisitorial legal systems. The article examines how the plea-bargaining model is designed in both legal systems by comparing two civil law countries (Italy and Germany) with two common law countries (England and Wales and the U.S.). I argue that two developments-a mechanism similar to plea bargaining in inquisitorial systems and judges' participation in the criminal plea bargaining negotiations in adversarial legal systems-are part of the same phenomenon seeking …

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation

Solving The Problem-Solver Problem: How A Revamp Of Arbitral Ethics Will Encourage Plaintiffs And Benefit Defendants, Lindsey Rubinstein

Cardozo Journal of Conflict Resolution

This Note aims to expose the consequences of these ethical deficiencies, including a lack of uniformity in arbitral results, conflicts of interest, and a lack of bargaining power for plaintiffs. This Note will also provide a framework for what an arbitral code of ethics should look like to ensure greater protections for petitioners. It is important to mention that this Note will explore the problems introduced above exclusively in the context of the ethical framework provided by the AAA. Part II will provide background information on the rise of arbitration, the development of the AAA Code of Ethics, and the …

Mediation As An Alternative To Litigation For Child Custody Disputes For Incarcerated Parents, Maria Abbruzzese

Cardozo Journal of Conflict Resolution

This Note will discuss the background of family law and mediation in America, including the "best interests of the child," how its vague application limits incarcerated parents' rights, and how litigation can lead to an arrangement that is not in the child's best interests. This Note will introduce the Family Dispute Resolution Act, which is legislation enacted in New Zealand that designed a framework for mediation for incarcerated parents. This Note will introduce the problems that incarcerated parents and children of incarcerated parents face in the United States and New Zealand. In the Discussion section, this Note will discuss why …

Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disputes In American Federal And State Courts, James R. Coben

Cardozo Journal of Conflict Resolution

This chapter assesses the likely efficaciousness of the Singapore Mediation Convention based on nearly two decades experience of systematically tracking and studying mediation litigation in the U.S. federal and state courts.

Elder Restorative Justice, Mary Helen Mcneal, Maria Brown

Cardozo Journal of Conflict Resolution

This article explores the viability of utilizing restorative principles to address elder abuse and recommends the continuing implementation of an "elder restorative justice" paradigm. Part I describes the widespread problem of elder exploitation and possible reasons for it, and Part II outlines current strategies to address it. Part III offers an overview of restorative principles, with a description of selected models. In Part IV, this paper reviews restorative approaches currently addressing elder abuse, and their benefits and challenges. Part V analyzes the applicability of the restorative models outlined above to the elder abuse context, assessing the most effective options for …

Armed Conflict At The Threshold, Deborah Pearlstein

Articles

Seventeen years into the United States’ engagement in what America has controversially understood as a global, non-international armed conflict against a shifting set of terrorist groups, a growing array of scholars has called for a reassessment of the significance of the “armed conflict” classification under international humanitarian law (IHL). The existence of an “armed conflict” has long been understood as a proxy on/off switch of inescapable importance. When an “armed conflict” exists, lethal targeting—without regard to particular self-defensive need or immediacy of threat—is permitted as a first resort. When an “armed conflict” does not exist, it is not. Challenging the …

The Integrity Of Our Convictions: Holding Stakeholders Accountable In An Era Of Criminal Justice Reform, Barry Scheck

Articles

The article argues for the implementation of systemic mechanisms to ensure accountability and transparency among criminal justice stakeholders to move away from a "win-at-all-costs" mentality. It proposes a transition toward a "just culture" that prioritizes learning from error and forward-looking accountability through structural reforms in discovery, misconduct tracking, and indigent defense.

Abolishing The Private Prison Industry's Evolving Influence On Immigrant Oppression, Antonio Iglesias

Cardozo Journal of Equal Rights & Social Justice

The note argues that the private prison industry significantly influences immigration policies, leading to increased detention and oppression of immigrants. It advocates for abolishing private prison contracts, citing the negative social and humanitarian impacts, and suggests that states like Arizona should adopt legislation similar to Illinois and New York to protect immigrants' rights.

Emergency Removals: Does The Statutory Language Of N.Y. Fain. Ct. Act § 1024 Safeguard Vulnerable Families From Foster Care Panic?, Sydney Myones

Cardozo Journal of Equal Rights & Social Justice

The note examines the surge in emergency child removals by the Administration for Children's Services (ACS) in New York City following the high-profile death of Zymere Perkins, arguing that these removals are driven by "foster care panic" rather than a genuine change in family conditions. It critiques the broad discretion granted to ACS under N.Y. Fam. Ct. Act 1024 and advocates for a more balanced approach that prioritizes family preservation and addresses systemic biases.

The Blood Antiquities Convention As A Paradigm For Cultural Property Crime Reduction, Derek Fincham

Cardozo Arts & Entertainment Law Journal

In 2017, the Council of Europe opened for signature the first ever international treaty aimed at policing cultural property. As more attention has been paid to the damage done by the theft, looting, and illicit trafficking of cultural objects, the Council of Europe has met this challenge with an ambitious convention, which aims to fill gaps in the current criminal laws. These gaps have too often been exploited by individuals in the illicit antiquities trade. The author had an opportunity to present his analysis of a draft version of the Council of Europe's Convention at a meeting held in Lucca, …

Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 1, Wesley Caines, Lucy Cutolo, Kendea Johnson

Cardozo Journal of Equal Rights & Social Justice

The symposium examines the long-term effects of involvement in the criminal justice system, focusing on collateral consequences and voter disenfranchisement. It emphasizes the need for both prosecutors and defense attorneys to address these consequences early in criminal cases, as they significantly impact individuals' lives beyond direct legal penalties. The discussion highlights the importance of holistic approaches to mitigate these effects and advocates for systemic changes to reduce disparities and support successful reintegration into society.

Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 2, Sean Morales-Doyle, Anthony Posada, Sebastian Solomon

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance, Jona Goldschmidt

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolving role of judicial assistance to self-represented litigants (SRLs) in federal courts, arguing that while the Supreme Court has maintained a strict no-assistance policy, lower courts have increasingly recognized the need for accommodations to ensure fair trials. The author advocates for a more consistent and expansive approach to judicial assistance, aligning with due process and the constitutional right to self-representation, while emphasizing the importance of maintaining judicial impartiality.

Long Live The Death Penalty? One Progressive's State's Experience, Brendan Williams

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Abolish Ice . . . And Then What?, Peter L. Markowitz

Articles

In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …

The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth

Articles

Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …